The Bar Association of Sri Lanka (BASL) in a letter addressed to the Chairman and the members of the Constitutional Council (CC) cautions it of the nomination forwarded by President Maithripala Sirisena claiming that the ‘individual nominee has no judicial experience to be appointed as a judge of the Court of Appeal.
Kalinga Indatissa PC – President BASL
The letter signed by the president of the BASL, Kalinga Indatissa President’s Counsel, shows strong objections to the president’s decision to nominate the Additional Secretary-legal, attached to the Presidential Secretariat; Attorney at Law Luckshmi Menaka Minu Jayawickrema, to the CC for its consideration to be appointed to the position of a judge of the Court of Appeal.
This letter follows President Sirisena’s decision to forward a name to the CC to be considered for the post vacated by retired justice M.M.A Gafoor. Jayawickrema’s is the only name forwarded to the Constitutional Council in the said letter by the President.
“We understand that a nomination has been made by His Excellency the President of a nominee who has been attached to the Presidential Secretariat over a period of time. The individual nominee has no judicial experience to be appointed as a judge of the Court of Appeal,” the BASL letter states.
The decision to forward the said name for consideration of the CC is appeared to be, be made disregarding two other recommendations forwarded by the Chief Justice as well as the Attorney General, an act which the BASL claims can be detrimental to the Rule of Law and that will set a bad precedent.
According to sources, it is reliably learnt that the Chief Justice Jayantha Jayasuriya has suggested the name of the Kegalle High Court judge Ruwan Fernando, while the Attorney General, Dappula de Livera, has forwarded the name of Senior Deputy Solicitor General Sobitha Rajakaruna’s name to be considered for the position.
“Disregarding such recommendations would be detrimental to the Rule of Law and administration of Justice. We make these observations having regard to the mechanism of such appointments previously adopted and followed, and especially in the context of nominating an appointee who has served under the Executive over a period of time. Such an appointment would create a precedent which would not augur well for the profession” the BASL states.
The letter further states that the BASL is mindful of the fact that higher judiciary requires a blend of academic and professional career judges.
“While we consider the contributions made by the learned judges nominated through the Attorney General’s Department as being important and highly significant, we are also concerned about the ratio of the career judges who have been appointed to the Apex courts of this country during the last two decades,” the letter read.
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Tara / August 8, 2019
This is what is happening in many countries where dictators, and imitation dictators, are leaders, including the US. They are packing the courts at every level, with puppet judges, who will rule in their favor, protect them, and willing to overlook the fact that rulings are not partisan. It is up to the CC to act upon this letter, and protect our democracy (or what is left of it).
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Nadeeka Abeyrathne / August 8, 2019
Kalinga… it was you the shameless LOW-er that MaRa send this fake(Hora) lawyer son to be trained.
We all know how that guy got the Law exam passed and godness me.. he got the all time highest marks on final law exam……
What a country we are in….. Its not a surprise that uneducated former GS is now trying to follow the same.
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JD / August 8, 2019
It looks Speaker or Mangala’s Office did not over the letter written.
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JD / August 8, 2019
where is the letter ?
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K.Pillai / August 8, 2019
The world over layPeople are getting used to political interference in higher positions in judicial appointments. In SL, almost all judicial appointments are and the Lankan Elites without political borders negotiate ‘give and take’.
The appointment of former CJSL, Nalin Perera on 12 October 2018, amidst hassles, had a surprise. CJ appointee interpreted the Law and decided the 26 October coup d’état to be illegal.
The {“Bar Association Warns CC Of President’s Nominee To The Court Of Appeal”} is another welcome sign.
The Constitution Council (CC) of SL must deliberate and horse-trade as to whether the MS nominee Attorney at Law Luckshmi Menaka Minu Jayawickrema will stand up and be counted.
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Jane / August 8, 2019
These rascals wouldn’t change, and it’s looks like soon he would appoint his aya, driver and cook too to high post as a favour for working for him. So these are the calibers of our leaders we have right now. Until these rotten and miserable lots are chased out there wouldn’t be any salvation or hope for this country, and it’s inhabitants. That’s the reason scores of able and talented people are leaving the country in droves for they foresee no hope for them or for their next generations to come.
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W B.Samarakoon / August 8, 2019
[Edited out]
Sira is a man of his Own character therefor he does every thing his own. Unfortunately he has no proper education. country is so unlucky to have such leader with no vision and mission.
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W B.Samarakoon / August 8, 2019
This comment was removed by a moderator because it didn’t abide by our Comment policy.For more detail see our Comment policy https://www.colombotelegraph.com/index.php/comments-policy-2
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Sapumal / August 9, 2019
I think we haven’t seen from any president or political party leader has this much corrupted and dirty mind set in our recent history.Sirisena is not only suitable for this high office, he is a a criminal minded man who should kept under house arrest for his life. I think Sirisena is the most corrupted man in politics today. We must chased him away as soon as possible or stop him from using his presidential powers.
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Ruwan / August 9, 2019
God bless people in Sri Lanka, aka wonder of Asia and/or Loken Utum rata. Although a so called Buddhist country…. Buddha may be scratching his head thinking how to save Sri Lanka from these cronies.
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Wimpy Kid / August 9, 2019
DON’T MESS WITH the JUDICIARY
DON”T MESS WITH the POLICE
THE Country will go to the DOGs
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Good Sense / August 9, 2019
There ought to be a good reason to request the Constitutional Council to be mindful in evaluating the request of Sira the great to approve the appointment of the great lady as a judge of the Court of Appeal. One is reminded of the role that Prof. G. L. Pieris played in getting Dr. Shirani Bandaranaike as a Supreme Court Judge and ironically the same Prof. presenting a resolution/charge sheet against her to impeach her as the Chief Justice. The bar association gives a reason that she has no judicial experience. If so no member of the bar can ever be appointed to the bench. In other words, it is only an Appeal Court Judge can be a Supreme Court Judge, a High Court Judge can be an Appeal Court Judge and so on. It implies that only the nomination of the Chief Justice is acceptable and not even the nomination of the Attorney General. Further, the representation of the bar association also means that the appointment of the current Chief Justice too is unacceptable to them. The real issue is in what way has Sira’s nominee has shone to deserve an appointment to the Court of Appeal. That should have been highlighted by the bar association.
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Sarath / August 9, 2019
Why are you’ll objecting to him nominating one of his “girls” you the post… there must be some rewards for that no?
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Bandu / August 9, 2019
What is indeed surprising is that the BASL did not object to the former AG being appointed current CJ when there were charges pending against him by a civil activist lawyer. Finally the legal clan ganged together to strip that lawyer of his practice. No wonder they are called LOW-yers in sinhala..
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shankar / August 9, 2019
very good point bandu.Poor nagananda suffered a lot because of this arseholes.
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Raj-UK / August 9, 2019
I suppose cronyism & nepotism in SL politics have gone hand in hand but in recent years, it has been so blatant that we have come to accept it as normal. Any public opposition & protests (if at all) have not shamed, neither, the politicians nor the cronies. The obvious result has been massive corruption & mismanagement across the board. The few journalists brave enough to investigate this treachery have been silenced & the media itself has been bought over by stooges with dubiously acquired wealth. To an uneducated yob like Sirisena, he see nothing wrong in promoting a loyalist, particularly, in judiciary, when it would be useful for him in the near future if he is ever accused of wrong doing, once out of office.
Can we change this general mind set? I don’t think so because it’s now ingrained in the genes of those who take up politics. Integrity & shame are not in their DNA. Come election time, the voters have no choice but to elect the same yobs.
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Simhi / August 9, 2019
In fairness to this lady, won’t somebody with knowledge, write as to who she is and what her achievements are. Or are we to watch the CC to make its decision ( without a horse deal as mentioned in one of the comments).
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Puravasiya / August 9, 2019
Naga is the answer to all judiciary ills.
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Jayantha deAlwis / August 10, 2019
We all know the mental condition of Sirisena. Knowing this, orders given by him or his staff (henchmen) should not be taken seriously. We should send him home as soon as possible before he set the country of fire.
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Jayantha deAlwis / August 10, 2019
We all know the mental condition of Sirisena. Knowing this, orders given by him or his staff (henchmen) should not be taken seriously. We should send him home as soon as possible before he set the country on fire.
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